Thursday, December 6, 2018

Do I Have to Report a Car Accident in New York?



The aftermath of a car accident—even a minor one—can be chaotic and confusing. You might be on your way to work or an appointment, and this delay could ruin your day. If the accident wasn’t the serious, you don’t have to report it, right? Unfortunately, that’s not always the case. Many drivers might be unsure whether they should report their car accident, but not reporting your wreck could come with serious consequences. Although some accidents might be too minor to report, it’s important to stay informed of when you should report and how the reporting process works. An experienced car accident attorney can help.

When to Report a Car Accident

In many cases, it will be necessary to file a report. But, what’s the threshold for reporting an accident, and when do you need to get the police involved? If you were involved in a minor fender bender with no injuries, there’s a chance that you might not need to contact the police at all. You could simply exchange contact and insurance information with the other driver. Then, they can file a claim with their insurance company and get any repairs handled quickly. But, if your accident meets any of the following criteria, you need to report the accident and, in many cases, contact the police:
  • Someone is injured in the accident
  • The damages are greater than $1,000
  • Someone was killed in the accident
  • A parked vehicle is damaged without an owner present
  • A domestic animal is injured without an owner present

The Accident Reporting Process  

Although your insurance company will need to know about the accident, that’s not the only report you’ll need to file. In any of the above examples, you’ll need to notify the New York DMV within 10 days, using a Report of a Motor Vehicle Accident form. If you wait longer than 10 days, you could face serious penalties, including license suspension. If you don’t file a report and leave the scene of the accident, you could be arrested for a hit-and-run, further complicating your situation and likely increasing the total cost of the accident. If you’re involved in an accident, remain on the scene and file your claim as soon as possible.

Getting Help After a Car Accident

Car crashes can happen at any time, and even a little fender bender can ruin your day. But, does that accident need to be reported? Maybe you have been hit by another driver and they didn’t give you their information or left the scene immediately. What should you do then? Fortunately, a NYC car accident lawyer from Greenstein & Milbauer, LLP can help with car accident complications. If you’re concerned about the aftermath of your crash, including where to report the accident or how to file for your compensation, our attorneys can guide you through the process. If you’ve been involved in a car crash and aren’t sure what to do next, reach out for help, starting with a free consultation. Call us at 1-800-VICTIM2 (842-8462) or visit us online for more information.

Wednesday, December 5, 2018

What Can Stop a Personal Injury Claim from Settling?

If you’ve been injured by another’s reckless or negligent actions, your top priority is recovering. This means settling your injury claim as soon as possible. Unfortunately, this process isn’t always so simple, which leaves you wondering, “What can stop a personal injury claim from settling?”

Unfortunately, there are a few reasons, which could mean your personal injury claim will need to go to court. If you’re concerned that your claim won’t be handled simply, seek out an experienced lawyer from Greenstein & Milbauer, LLP. Our attorneys will fight for your compensation, even when the other side is balking on the settlement.

When Your Insurer Won’t Settle

Unfortunately, a major obstacle that many injured people run into is their own insurance company, especially in the case of car accidents. Although New York has no-fault laws—meaning that your insurance will cover your damages regardless of fault—the insurer might not be so willing to settle.

Insurance companies are for-profit businesses, and those profits will likely take priority over your settlement. In order to reduce losses, your insurance provider might lowball your settlement, for example, claiming that the amount is the maximum available. If this has happened to you, you might need to take your insurer to court for the full compensation you deserve.

In other cases, however, a lack of a settlement might be due to the severity of your injuries. If you suffered more than $50,000 of damages, or a serious injury, such as a permanent impairment, you could be entitled to a personal injury claim for the full worth of your compensation.

When the Other Party Blames You

Sometimes, it’s not the insurance company that prevents you from settling. In some cases, the other party might claim that they weren’t at fault. Worse, they might blame you. For example, if you were injured on another person’s property, they might claim you weren’t acting with reasonable care, or they might say the injury didn’t happen on their property at all.

New York recognizes comparative negligence, which means that your compensation could be reduced if you’re found even partially at fault. When this happens, you’ll need to fight back for your full compensation. Having a personal injury lawyer on your side can be invaluable in these cases.

File a Claim When They Won’t Settle

Unfortunately, not every claim is as simple as reporting your injury and receiving a settlement from the insurer or other party. Although settling out of court is preferable, you might need to fight back for your compensation in court.

What can stop a personal injury claim from settling? Often the insurance company is looking to reduce costs, and will try to reduce the settlement amount or even avoid paying it at all. That’s where a lawyer from Greenstein & Milbauer, LLP can help.

Our experienced attorneys can help you fight back when an insurance provider won’t settle, starting with a free consultation to review your claim before you file or sign anything. Get started by calling 1-800-VICTIM2 (842-8462) or by completing the online form below

The post What Can Stop a Personal Injury Claim from Settling? appeared first on Greenstein & Milbauer.



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